BILL NUMBER: SB 565 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Knight
FEBRUARY 22, 2013
An act to amend Sections 35021 and 35021.1 of the Education Code,
relating to public school volunteers , and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 565, as amended, Knight. Public school volunteers.
Existing law authorizes the governing board of any school district
to permit any person, except a person required to register as a sex
offender, to serve as a nonteaching volunteer aide under the
immediate supervision and direction of certificated personnel of the
school district to perform noninstructional work that serves to
assist the certificated personnel of the school district in their
teaching and administrative responsibilities. Existing law authorizes
a school district or county office of education to request that a
local law enforcement agency conduct an automated records check of a
prospective nonteaching volunteer aide in order to ascertain whether
the prospective nonteaching volunteer aide has been convicted of a
sex offense.
This bill would also prohibit a person who has been convicted of a
serious or violent felony, as defined, or who is
on postrelease community supervision or parole from serving as a
volunteer aide , with exceptions for a parent of a child at the
school, as provided . The bill would make conforming and other
nonsubstantive changes.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35021 of the Education Code is amended to read:
35021. (a) (1) Notwithstanding any other law, any person, except
a person identified in paragraph (2), may be permitted by the
governing board of a school district to perform the duties specified
in Section 44814 or 44815, or to serve as a nonteaching volunteer
aide under the immediate supervision and direction of the
certificated personnel of the district to perform noninstructional
work which serves to assist the certificated personnel in performance
of teaching and administrative responsibilities. With respect to
this noninstructional work, the nonteaching volunteer aide shall
serve without compensation of any type or other benefits accorded to
employees of the district, except as provided in Section 3364.5 of
the Labor Code.
(2) The following persons shall not be permitted to serve as a
volunteer:
(A) A person required to register as a sex offender pursuant to
Section 290 of the Penal Code.
(B) A person who has been convicted of a violent or
serious felony, as defined in Section 45122.1
subdivision (c) of Section 1192.7 of the Penal Code
.
(C) A person who is on postrelease community supervision.
(D) A person who is on parole.
(b) No district may abolish any of its classified positions and
utilize volunteer aides, as authorized herein, in lieu of classified
employees who are laid off as a result of the abolition of a
position. A district shall not refuse to employ a person in a vacant
classified position and use volunteer aides in lieu of filling the
classified position.
(c) The governing board of a school district may waive the
prohibition pursuant to subparagraph (B), (C), or (D) of paragraph
(2) of subdivision (a) for a parent of a child, currently enrolled in
the school, if, after reviewing the circumstances on a case-by-case
basis in a closed session, the governing board of the school district
determines that the parent is not a threat to pupils and staff at
the school.
(d) The governing board of a school district may waive the
prohibition pursuant to subparagraph (C) or (D) of paragraph (2) of
subdivision (a) for a parent of a child, currently enrolled in the
school, if a judge or the probation officer assigned to the parent
certifies that the parent does not pose a threat to pupils and staff
at the school.
(c)
(e) It is the intent of the Legislature to permit
school districts to use volunteer aides to enhance its educational
program but not to permit displacement of classified employees nor to
allow districts to utilize volunteers in lieu of normal employee
requirements.
SEC. 2. Section 35021.1 of the Education Code is amended to read:
35021.1. (a) A school district or county office of education may
request that a local law enforcement agency conduct an automated
records check of a prospective nonteaching volunteer aide in order to
ascertain whether the prospective nonteaching volunteer aide has
been convicted of a sex offense, as defined in Section 44010, has
been convicted of a violent or serious felony, as
defined in Section 45122.1 subdivision (c) of
Section 1192.7 of the Penal Code , or is on postrelease
community supervision or parole.
(b) A plea or verdict of guilty, a finding of guilt by a court in
a trial without jury, or a conviction following a plea of nolo
contendere shall be deemed to be a conviction within the meaning of
this section. If the local law enforcement agency agrees to provide
that automated records check, the results shall be returned to the
requesting district or county office of education within 72 hours of
the written request. A local law enforcement agency may charge a fee
to the requesting agency not to exceed the actual expense to the law
enforcement agency.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to protect the state's school children, imminent school
safety concerns require immediate preventative measures, and it is
therefore necessary that this act take effect immediately.